[1] The question that arises for consideration in this originating summons dated 26 January 2018 ("the OS") is whether it is lawful for the owners of a condominium to pass a resolution at an Annual General Meeting ("AGM") to authorise the joint management body ("JMB") for the condominium to fix H different rates of payment for maintenance charges for the residential units, retail and car-park units and whether the imposition of different rates for maintenance charges is contrary to the provisions in the Strata Management Act 2013 (" SMA 2013").

The Background

[2] The plaintiff is a residential unit owner of a condominium project known as Menara Rajawali, which consists of residential units, retail shop units and car park units. The share units for all the units in Menara Rajawali were duly allocated in accordance with the provisions of the SMA 2013. The first defendant ("D1") is the joint management body for Menara Rajawali. B Hereafter, I shall refer to D1 as "the JMB". The JMB is run by an executive committee known as the Joint Management Committee ("JMC"). The second defendant ("D2") i